Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2016
    Posts
    3

    Default Employer Took Injured Worker Off of the Schedule After Notice of Work Restrictions

    My question involves workers compensation law for the state of: California
    Work mans comp. doctor gave me a note for my employer that said word for word "Light non-repetitive work for both left and right hand for up to two hours." I gave the note to my employer who then exasperatedly asked me what I could do. She then went on to take me off the schedule for the week until my next appointment saying her "hands were tied." I am to see her after my next appointment but I am unsure if I am still off the schedule. I was told that she is not allowed to do that, it is illegal, and that she is to make a position for me to stay on the schedule. I have carpal tunnel in both hands. Any links or references would be much appreciated.
    I was also told by a supervisor before I filed that I was not allowed to call in because of my wrists.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,495

    Default Re: Taken Off Schedule

    You were told incorrectly. There are no circumstances whatsoever under which an employer is required by law to make up a position to suit your restrictions. If she doesn't have any available work within your restrictions, nothing in any law, including workers comp laws or the ADA, is going to require her to make something up for you to do or to bump someone else out of their job for you. Not even in California.

  3. #3
    Join Date
    Sep 2016
    Posts
    3

    Default Re: Taken Off Schedule

    Thank you for the reply.Upon further extended research I have found the same thing. I was never suggesting that she bump someone out of the way specifically for me. They have less than 50 employees of staff. I figured I would ask here as well as look all this up.

  4. #4
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Taken Off Schedule

    since the employer has no light work available, you are entitled to temporary total disability until you are released by the doctor.
    california has a 3 day waiting period. it'll take approximately 2 week for the first check from the time you notify the carrier.
    if you have not already done so, file a claim form here
    http://www.dir.ca.gov/dwc/DWCForm1.pdf
    information on temporary disability is in fact sheet C
    http://www.dir.ca.gov/dwc/iwguides.html

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Taken Off Schedule

    Yes, you're going to be paid for time you have to be off due to this injury if they have no work suitable for you with your restrictions. What would be illegal for them to do is fire you because you can't work due to the restrictions.

    1. Sponsored Links
       

Similar Threads

  1. Workers Compensation Issues: How Long Does an Employer Pay an Injured Worker's Health Insurance Premiums
    By Montreal in forum Worker's Compensation
    Replies: 4
    Last Post: 05-06-2014, 04:28 PM
  2. Workers Compensation Issues: Employer is Eliminating an Injured Worker's Job
    By upwaynorth in forum Worker's Compensation
    Replies: 11
    Last Post: 05-12-2012, 01:26 AM
  3. Workers Compensation Issues: On Worker's Comp, Offered a Job With Old Employer, Worried About Restrictions
    By Tareflamingo in forum Worker's Compensation
    Replies: 1
    Last Post: 10-20-2011, 06:33 AM
  4. Hours: Short Notice of Work Schedule
    By kurobaxkaito in forum Employment and Labor
    Replies: 6
    Last Post: 07-15-2009, 05:38 PM
  5. Manager Doesn't Want Injured Worker To Take Prescription Meds At Work
    By injured32 in forum Worker's Compensation
    Replies: 1
    Last Post: 09-09-2007, 07:26 AM
 
 
Sponsored Links

Legal Help, Information and Resources